Dear All,
I've recently joined a new Company which has Business across the nation, different branches in different states. I got an incomplete handover from the Previous HR and he was on an urge to leave the organisation. My question is one employee resigned without giving a notice period of 30 days. Rather it was spot resignation like - he walks in the office, sends resignation mail to HR and marks a copy to the Reporting manager and leaves in the middle of the shift. Now recently he's trying to call me and get the relieving letter. Neither I have a clear picture of his resignation acceptance, when asked to his Reporting Manager, he gave a negative feedback. If that employee is so reluctant on having the Relieving letter, Can I give him a relieving letter with a negative note, Please give a Format if so ? Or how does this work like ? Please Advice..

From India, Mumbai
Dear Vinit,
In this case, you should not give him any letters as he has not served the notice period. You can still go into the depth of the matter by talking to your management further.
Good Luck!!!
Regards
Meghna

From India, Ahmedabad
ukmitra
297

Business Development, Employee Relations, HR operations, Policies, Recruitment, Administration
@Vinit,
Yes, you are within your rights to give him a releving letter with "Adverse comments of subject employee having not served the notice period". Also, if you should have any dues/handover pending from him ensure that you have them completed before handingover the letter.
In such scenario, I would try balance my company interest to set an example for others and also be fair with employee, since the saying goes "No one is married to any company". Today we have this employee, tomorrow we might be on his place.
Ukmitra

From Saudi Arabia, Riyadh
korgaonkar k a
2542

BA,LLB,MPM,DIR&PM,DLL&LW,D.CYBER LAW
Dear Vinit ji,
It is not important when did you joined the employment. You are in employment today and assume in HR position.
You have not mentioned in your query when / on what date the employee concern has resigned. You need to take immediate steps on his resignation which has no due notice.
What steps to be taken by you depends on various things and circumstances.
You may write a letter to him stating that he was supposed to give one month notice to resign but he did not do so. Under this circumstance, his resignation is not acceptable by the management and he should be called to report his duty.
You can alternatively accept his resignation. Either you can waive the notice pay or recover the notice pay.

From India, Mumbai
Appreciate your feedback, but this entire episode has happened in December, whereas i joined in May. I agree with your points but this should have been done by the previous HR. I'm very much aware of what you are trying to explain here, but here scenario is something different now i cannot make him serve the notice period or whatsover, I dont wanna hold his relieving letter too, but just wanted to confirm whether i can issue with a negative note ???
From India, Mumbai
korgaonkar k a
2542

BA,LLB,MPM,DIR&PM,DLL&LW,D.CYBER LAW
Dear Vinit ji,
You have no other option but to issue him relieving letter and make his F&F settlement. You can recover his notice pay. If recovery is not possible, you can make a demand of it. So there will be deterrent effect on others.
Even you decide to waive the notice pay, please do not waive it easily. See that others do not claim the precedence.
Decisions you have to take after seeing various circumstances.

From India, Mumbai
Raj Kumar Hansdah
1427

SHRM, OD, HRD, PMS
In this case; I have a different opinion.
What is a RELIEVING LETTER ??
The employee in question came to the workplace, sent a resignation letter; and LEFT !!
Was he "relieved " of his duties and did he hand-over/relinquished his responsibilities ??
Almost six months has elapsed since the incident took place !!
How can a Relieving Letter be issued today ?? And what purpose would it serve ??
Unfortunately, today most of the standard established HR practices are neither being studied nor followed.
There is no question of any Relieving Letter in this case.
Warm regards.

From India, Delhi
shah01ankita
377

Talent Acquisition / Consultant - Catalis world
Agreeing to Raj ji and that's exactly my point as well.

A relieving letter is given to an employee who has resigned dutifully.

We do understand that sometimes a person has to leave in a rush, but was the matter discussed?

There seems to be no record of it.

Secondly, the person is seeking a relieving letter post 6 months. Why? Is he switching jobs or is there any other reason.

You asked the line / reporting manager who happened to give you negative on this.

So perhaps the matter that he has resigned has not been escalated or he was in so hurry that he didn't even took care if his resignation was handed over to the proper person or if it was delivered.

The person can argue he mailed it, but did he ensure if it reached the concern person? Was that not his duty to ensure that?

About you saying that this should have had done by the previous HR,

Well how can one issue a relieving letter to someone who puts a resignation and don't even wait to get it accepted by the firm or wait to discuss the concerns?

If the person calls you, you should say that there is no record found for the resignation letter being processed. Tell him that just by putting in the resignation letter do not initiate the whole process and there is a series of steps to be followed for proper resignation and relieving to be done. Tell him that he was expected to serve notice period so that he can hand over the details of his work to his replacement but due to his just dropping the letter and then a no-show thing, no proper handover happened. In this case, you are not allowed to issue a relieving letter.

In contrast I believe you can issue an experience certificate and can mention over it:

NAME served YEARS with COMPANY as DESIGNATION. He happen to have left us very abruptly on LAST_WORKING_DATE and this experience certificate is being issued on his request.

Some modifications as required by the line manager can be made.

From India, Mumbai
Mahr
468

Head - Human Resources
Hi Vinit,
What Raj had advised should have solved your query. Relieving letter is given upon the state how and when an employee gets relieved from an organization. In your case the employee had just informed his fellow colleagues about he/she is no longer interested in working for your organization and have abandoned his/her services from the organization.
This situation thereby concludes the episode by terminating his/her employment from the organization. In such case, an employee will not be entitled to any compensation for the loss of services or any employment letter. It is not practical to ask the same person to serve the notice period or to buy out the same, now. Just inform him that he/she will not be entitled for any employment letter due cos of their unprofessional act.

From India, Bangalore
tajsateesh
1626

Recruitment/Talent Acquisition, Career counselling & Startup Advisory Services
Hello Vinit,

Like Raj Kumar mentioned, this guy can't be given the Relieving Letter for the simple reason that he didn't follow any of the standard steps to deserve getting it.

Based on your postings, looks like you seem to 'feel' that you will be doing injustice to this guy by not giving the Relieving Letter--since you suggested IF you can give it with adverse remarks. However, given the state of technology today, can you be absolutely sure that he WON'T make changes to suit his end & use such a fake Letter? Frankly, I have my doubts.

I think this is a situation when 'thinking thru the head' is more appropriate than 'thinking thru the heart'.

You haven't mentioned his tenure in your company--how long did he work? That could give you some lead to WHY he is asking for it NOW.

This aspect ought to be IMPORTANT to you to ensure he doesn't MISUSE what you intend giving in good faith/goodwill. And, frankly, this would apply to even giving him an Experience Letter--as suggested by Ankita Shah.

Even in the Worst-case-scenario of him adopting/threatening a legal stance, you have the records in your favor [since you say your's is a big company with Pan-India presence, I presume you have Standard Procedures for Relieving all laid-out].

All the Best.

Rgds,

TS

From India, Hyderabad
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